Waikato Bay of Plenty H 10 November 2017 – R 3 (instigating a protest) – Chair, Mr A Godsalve
ID: JCA14736
Meet Title:
Harness Racing Waikato - 10 November 2017
Meet Chair:
AGodsalve
Meet Committee Member 1:
PWilliams
Race Date:
2017/11/10
Race Number:
R3
Decision:
The official placings became:
1st - SHEER BLISS
2nd - ARDEN'S WINSTAR
3rd - SPIRIT OF LOVE
4th - FINAL EXCUSE
5th - KNIGHTS DESIRE
Authority was given accordingly for dividends and stakemoney to be paid as per the amended placings above.
Facts:
Following the running of Race 3, the ROOMMATE CABINS WAIKATO MOBILE PACE 2200m, an Information instigating a protest was produced by Mr Mulcay. The Information alleged that FINAL EXCUSE broke short of the winning post and was lapped on by SPIRIT OF LOVE.
The Judges placings were:
1st - SHEER BLISS
2nd - ARDEN'S WINSTAR
3rd - FINAL EXCUSE
4th - SPIRIT OF LOVE
5tH - KNIGHTS DESIRE
Mr J Stormont, the Trainer/Driver of the 3rd horse FINAL EXCUSE was not present at the hearing, however he had endorsed the Information to the effect that "I do not contest the protest".
Rule 870(5) states 'Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when its nose reaches the finishing line and which is lapped on by any other horse or horses in the correct gait shall be placed by the Judicial Committee behind such horse or horses provided that where such first mentioned horse is not in its correct gait as a result of interference to such horse or its horseman, then (subject to Rule 869A) such relegation of the horse shall be at the discretion of the Judicial Committee.'
Submissions for Decision:
Using the available films, Mr Mulcay identified the horse FINAL EXCUSE as the field neared the finish. Just short of the finishing post FINAL EXCUSE was in 3rd place, when it went off-stride and galloped the final few strides. At the time the horse SPIRIT OF LOVE, which was in 4th position, was ' lapped on' to FINAL EXCUSE.
Mr Mulcay submitted that under the circumstances the Stewards believed that FINAL EXCUSE should be relegated to 4th placing and SPIRIT OF LOVE promoted the 3rd place.
Mr Stormont did not contest the protest.
Reasons for Decision:
As the protest was not contested the Committee upheld it.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 759aaeb9148596c2566d137928bb4d6f
informantnumber: A2635
horsename: FINAL EXCUSE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/11/2017
hearing_title: Waikato Bay of Plenty H 10 November 2017 - R 3 (instigating a protest) - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 3, the ROOMMATE CABINS WAIKATO MOBILE PACE 2200m, an Information instigating a protest was produced by Mr Mulcay. The Information alleged that FINAL EXCUSE broke short of the winning post and was lapped on by SPIRIT OF LOVE.
The Judges placings were:
1st - SHEER BLISS
2nd - ARDEN'S WINSTAR
3rd - FINAL EXCUSE
4th - SPIRIT OF LOVE
5tH - KNIGHTS DESIRE
Mr J Stormont, the Trainer/Driver of the 3rd horse FINAL EXCUSE was not present at the hearing, however he had endorsed the Information to the effect that "I do not contest the protest".
Rule 870(5) states 'Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when its nose reaches the finishing line and which is lapped on by any other horse or horses in the correct gait shall be placed by the Judicial Committee behind such horse or horses provided that where such first mentioned horse is not in its correct gait as a result of interference to such horse or its horseman, then (subject to Rule 869A) such relegation of the horse shall be at the discretion of the Judicial Committee.'
appealdecision:
isappeal:
submissionsfordecision:
Using the available films, Mr Mulcay identified the horse FINAL EXCUSE as the field neared the finish. Just short of the finishing post FINAL EXCUSE was in 3rd place, when it went off-stride and galloped the final few strides. At the time the horse SPIRIT OF LOVE, which was in 4th position, was ' lapped on' to FINAL EXCUSE.
Mr Mulcay submitted that under the circumstances the Stewards believed that FINAL EXCUSE should be relegated to 4th placing and SPIRIT OF LOVE promoted the 3rd place.
Mr Stormont did not contest the protest.
reasonsfordecision:
As the protest was not contested the Committee upheld it.
Decision:
The official placings became:
1st - SHEER BLISS
2nd - ARDEN'S WINSTAR
3rd - SPIRIT OF LOVE
4th - FINAL EXCUSE
5th - KNIGHTS DESIRE
Authority was given accordingly for dividends and stakemoney to be paid as per the amended placings above.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 870(5)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr J Stormont-Trainer/driver of FINAL EXCUSE
StipendSteward:
raceid: c9b717b917e2d2057267a9559a793ffc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 50a99b61a149a36ef4ee2351bd6b2257
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/11/2017
meet_title: Harness Racing Waikato - 10 November 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: PWilliams
meet_pm2: none
name: Harness Racing Waikato